Published: Tuesday, May 21, 2013 at 3:09 p.m.

Last Modified: Wednesday, May 22, 2013 at 1:07 a.m.

The changes were proposed by county planners to fix flaws in the development regulations that were exposed in a recent court ruling involving a Davenport sand mine.

The changes involve better defining of the types of roads that can be used to transport material from nonphosphate mines and to strengthen provisions to protect drinking water wells from the effects of mining.

The impetus of the changes involved a judicial order invalidating the County Commission's approval of a sand mine in an undeveloped section of the Ridgewood Lakes development of regional impact near Davenport. But the change would apply to any nonphosphate mine in unincorporated Polk County.

The judge's decision to invalidate the commission's action remains under legal appeal.

The Planning Commission voted 3-1 on April 3 to recommend approval of the changes.

During the hearing, lawyer Brent Spain, representing mine opponents, argued the changes were unnecessary and were intended only to circumvent the earlier court ruling.

But lawyer Jack Brandon, representing local mining interests, said other mine operators would be affected unless the regulations are changed.

Tim Campbell, a lawyer representing Bishop & Buttrey, which operated the mine, and JML Land, the developer of Ridgewood Lakes, argued the change is necessary to have consistent definitions throughout the code.

Resident Robert Allen, who lives in the Oak Haven subdivision adjacent to the mine, said the mine truck traffic was using a substandard road, which shouldn't be allowed.

Ridgewood Lakes resident Charles Ruth questioned why county officials were pursuing changes that appeared to make it easy for the now-dormant mine to restart.

"I can't come up with a good reason why you're fighting it," he said, referring to the court's denial of the mine permit.

Commissioner Todd Dantzler asked about the allegations the mine was violating its permit conditions.

Planner John Bohde said code enforcement officials were sent out to investigate complaints and found violations, which were corrected.

<p>BARTOW | Polk County commissioners voted unanimously Tuesday to approve changes in the county's development regulations covering mining.</p><p>The changes were proposed by county planners to fix flaws in the development regulations that were exposed in a recent court ruling involving a Davenport sand mine.</p><p>The changes involve better defining of the types of roads that can be used to transport material from nonphosphate mines and to strengthen provisions to protect drinking water wells from the effects of mining.</p><p>The impetus of the changes involved a judicial order invalidating the County Commission's approval of a sand mine in an undeveloped section of the Ridgewood Lakes development of regional impact near Davenport. But the change would apply to any nonphosphate mine in unincorporated Polk County.</p><p>The judge's decision to invalidate the commission's action remains under legal appeal.</p><p>The Planning Commission voted 3-1 on April 3 to recommend approval of the changes.</p><p>During the hearing, lawyer Brent Spain, representing mine opponents, argued the changes were unnecessary and were intended only to circumvent the earlier court ruling.</p><p>But lawyer Jack Brandon, representing local mining interests, said other mine operators would be affected unless the regulations are changed.</p><p>Tim Campbell, a lawyer representing Bishop & Buttrey, which operated the mine, and JML Land, the developer of Ridgewood Lakes, argued the change is necessary to have consistent definitions throughout the code.</p><p>Resident Robert Allen, who lives in the Oak Haven subdivision adjacent to the mine, said the mine truck traffic was using a substandard road, which shouldn't be allowed.</p><p>Ridgewood Lakes resident Charles Ruth questioned why county officials were pursuing changes that appeared to make it easy for the now-dormant mine to restart.</p><p>"I can't come up with a good reason why you're fighting it," he said, referring to the court's denial of the mine permit.</p><p>Commissioner Todd Dantzler asked about the allegations the mine was violating its permit conditions.</p><p>Planner John Bohde said code enforcement officials were sent out to investigate complaints and found violations, which were corrected.</p>